Fredrickson international

[ben13]

Received an LBA from freds today regarding an alledged DWP debt from 10 years ago.

The client of fred's is Iqor on behalf of DWP.

What action should I take regarding this??

[The Debt Star]

Re: Fredrickson international

Prove It letter presumably. BTW, Casper is a DWP guru and it might be worthwhile sending him a link to this thread or PM'ing him.

[Nibbler]

Re: Fredrickson international

When you say 'alleged', what do you mean? Do you dispute the debt entirely?

Or was it due to maladministration/mistake on DWP's part?

It would be statute barred presumably, so any claim by iQor/fred could be defended on that basis if nothing else. While a DWP debt can be statute barred, they can still deduct any valid debt from ongoing benefit entitlement.

[ben13]

Re: Fredrickson international

Prove It letter presumably. BTW, Casper is a DWP guru and it might be worthwhile sending him a link to this thread or PM'ing him.

Thanks TDS I'll send him a link now

When you say 'alleged', what do you mean? Do you dispute the debt entirely?

Or was it due to maladministration/mistake on DWP's part?

It would be statute barred presumably, so any claim by iQor/fred could be defended on that basis if nothing else. While a DWP debt can be statute barred, they can still deduct any valid debt from ongoing benefit entitlement.

I mean i dont know anything about the debt. I remember Iqor ringing me once a few years ago telling me I had a debt of £72 with DWP but wouldnt tell me what it was for so I told them to get lost until they could tell me. Never heard anything else about it until i get LBA yesterday from our friends Fred's.

I'm thinking that maybe its something to do with my ex. who I haven't been with for over 8 years!!! I know she carried out several fraudulent acts while i was with her so i'm guessing this is probably another one of them.

I work full time although am currently on sick and receiving SSP, would that be a benefit they can attack so to speak

[Caspar]

Re: Fredrickson international

Hi Ben,

The very first thing I did was phone them. It doesn't sound in your case as though they're threatening to take money from benefits as you've had the LBA. This would suggest to me that one or other of you (or both) had interviews under caution. You wouldn't forget that!

You may need to be quite assertive here, but tell them politely but firmly that all action on this case must be suspended until you have not only received the relevant paperwork connected with it, but also had time to respond to it.

They are not usually keen to do this, but they will if you stay polite but refuse to move one inch.

At this stage in proceedings that is what you want - proof of the debt and what it is for in writing.

In my case they were alleging fraud against my wife and I found a wonderful piece of legislation "The Social Security Administration (Fraud) Act 1997."

It would be really helpful to know what the alleged debt is for. Until you know this you are disadvantaged. A couple of things to let them know what you're talking about on the phone:

1. Their Data Controller (the Secretary of Sate) should be checking information they hold is accurate as per Data Protection Act 1998.

Internal Security Protocol No 8 July 2006 states all DWP staff have a responsibility to ensure processes comply with the DPA and other relevant legislation such as the The Social Security Administration Act and the Human Rights Act.

Question the legality of the data being held, then ask if a DLR Form (Data Legality Review Form) has been completed for your case. If not, it needs to be as there is doubt about the legality of the data held.

The DWP also claims it has a policy, "of adhering to both the spirit and the letter of the law -ie- one of best practice."

In this country you are innocent until proven guilty, so following their own policy they need to provide evidence of your "guilt" for this debt.

If you've had any letters directly from the DWP stating you owe a debt ask if the person who signed it has read the policy booklet "Doing the Right Thing" brought out in 2001 after the creation of the DWP.

That should do for the moment - I have a file full of stuff to do with the DWP, but make sure you start by getting all action stopped until you have copies of all relevant paperwork. They don't like doing this, so be persistent.


One last thiing you may want to point out is that is they are alleging an overpayment has been made that you must pay back. The Social Security Administration Act is very clear that local authorities must establish there has been an overpayment and establish the cause of that overpayment. The DWP then has 6 years to take action through the courts to recover benefit overpayments, with the time starting from the date of the final decision made on the overpayment.

And finally, a ruling in the Supreme Court on December 8 2010 confirmed the DWP cannot recover overpayment where the claimant is not at fault (Lord Brown in the case between the Child Poverty Action Group and the Secretary of State).


Hopefully enough there to get you started. Plenty more should you need it!

Tingy

[ben13]

Re: Fredrickson international

Wouldn't it be better to send a 'prove it' letter to Fredrickson International as they're just going to ignore a phone call surely. Hell they ignore letters so why wouldnt they ignore a phone call from me?

[Caspar]

Re: Fredrickson international

It's up to you, all I can do is let you know what I did. The reason I suggested what I did is that if they can the DWP will just take the money from any benefits and that may be the first you know of it, though technically they should send a letter first.

The DWP will also be able to tell you straight away what the alleged debt is for. If they're talking imminent court action they will take it, so the sooner you stop things the better.

At the end of the day, entirely up to you though.

[ben13]

Re: Fredrickson international

Thanks Caspar.

So my best course of action would be to contact DWP directly?????

Whats the score with Statute Barred on DWP debts?

[pompeyfaith]

Re: Fredrickson international

DWP debts are never Statute Barred, yup it sucks so I would follow Caspers advice

[ben13]

Re: Fredrickson international

Thats what I thought PF but have heard some people say they are and others say they're not so i find it a little confusing

[Nibbler]

Re: Fredrickson international

DWP debts are never Statute Barred,

Not true. They can be statute barred.

As previously said though, DWP can deduct from ongoing benefit entitlement even if they are.

Thats what I thought PF but have heard some people say they are and others say they're not so i find it a little confusing

It's confusing because people are not always 100% clear on what being statute barred actually means.

It simply means that the creditor (DWP or otherwise) are barred from taking legal action to recover the debt.

If they have other means of recovery (such as deduction from benefits) then they can still use those, even when the debt is SB.

[Caspar]

Re: Fredrickson international

To clear this up, they never become Statute Barred in the normal sense of the words. However, after 6 years if you're not claiming benefits they won't normally pursue you for the money. As soon as you go back on any benefit they will start taking deductions again. They will do this as long as you are alive! It took them three weeks to realise my wife was claiming Carer's Allowance after nearly 7 years of claiming nothing and her having moved house twice during that time.

Ben - when you were claiming 10 years ago, is the place you were claiming from still there or has it been got rid of and the work devolved elsewhere. Also, do you mind me asking if you remember either yourself or your girlfriend being interviewed under formal caution?

In answer to your question, yes, I'd contact the DWP directly. It's by far the quickest way to find out what they allege is going on, you can dispute it immediately, get the case put on hold immediately and ask for the paperwork.

Also, if you want to make them cautious, say you've contacted your MP with a view to them making a complaint on your behalf to the parliamentary ombudsman - probably best to save this till you need it though.

[Nibbler]

Re: Fredrickson international

To clear this up, they never become Statute Barred in the normal sense of the words.

They do, as being statute barred simply means that court action is barred. Nothing else.

[Caspar]

Re: Fredrickson international

Statute Barred

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.
Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970This is not the case wiith DWP. The debt is still legally recoverable, but not through the courts. If a debtor states they will not be paying the money owed and the DWP press for payment, believe you me, they will not be done for harassment as they are quite within their rights.

[ben13]

Re: Fredrickson international

as far as i'm aware the DWP offices are now county court!!

I have never been interviewed by DWP under caution or otherwise.

I have not been on benefits for at least 10 years.

I know the last time i ever made a claim was when i was still with my ex wife. It was a joint claim. I dont ever recall being overpaid or getting a loan from DWP or anything like that. In fact as far as i'm aware the only extra money ever had off them was £100 which they used to pay you before baby was born.